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" ... as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion ; as also because the law in that case being solemnly declared and determined, what before was uncertain, and perhaps indifferent, is now... "
Report of the Auchterarder Case: The Earl of Kinnoull, and the Rev. R. Young ... - Seite 25
von Thomas Robert Hay-Drummond Kinnoull (10th Earl of), Charles Robertson - 1838
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Condensed Reports of Decisions in the Supreme Court of Ohio, Band 1

Ohio. Supreme Court - 1832 - 976 Seiten
...being solemnly declared, what was before uncertain and probably indifferent, is now become a permanent rule, which it is not in the breast of any subsequent judge to altar or vary from, according to his private sentiments." The only exceptions to this rule are where...
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Selections Fron the Edinburgh Review, Comprising the Best ..., Bände 5-6

1835 - 858 Seiten
...always therefore be in the power of the judge, notwithstanding the oath which we are told he takes, " to determine, not according to his own private judgment,...according to the known laws and customs of the land." To relieve himself from embarrassing precedents which may be cited, he has only to declare, that those...
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Selections from the Edinburgh Review: Comprising the Best ..., Bände 5-6

Maurice Cross - 1835 - 886 Seiten
...has been pronounced, that which was before uncertain, and perhaps indifferent, becomes a permanent rule, which it is not in the breast of any subsequent judge to alter or vary from ; " and he accordingly tells us, that " it is an established rule to abide by former precedents, where...
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Selections from the Edinburgh Review: Comprising the Best Articles ..., Band 6

Maurice Cross - 1836 - 434 Seiten
...always therefore be in the power of the judge, notwithstanding the oath which we are told he takes, " to determine, not according to his own private judgment,...according to the known laws and customs of the land." To relieve himself from embarrassing precedents which may be cited, he has only to declare, that those...
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Tracts on law, government, and other political subjects, collected and ed ...

Tracts - 1836 - 506 Seiten
...ideas of justice — such language from persons who had " sworn to determine, not according to their own private judgment, but according to the known laws and customs of the land," would have been highly improper — And therefore when a prior decision in a similar case has been...
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The Dublin University Magazine: A Literary and Political Journal, Band 11

1838 - 1012 Seiten
...declared and determined, what before was uncertain and perhaps indifferent, is now become a permanent rule, which it is not in the breast of any subsequent...judge to alter, or vary from according to his private opinion, he being sworn to determine, not according to his own private judgment, but according to the...
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New Commentaries on the Laws of England: (Partly Founded on Blackstone).

Henry John Stephen - 1841 - 626 Seiten
...declared and determined, what before was uncertain, and perhaps indifferent, is now become a permanent rule, which it is not in the breast of any subsequent...according to the known laws and customs of the land ; (u>) Cap. 8. tendence of the Master of the Rolls (.t) By slat. 1 & 2 Viet. c. 94, the for the time...
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American Law Magazine, Band 3

1844 - 506 Seiten
...declared and determined, what before was uncertain and perhaps indifferent, is now become a permanent rule, which it is not in the breast of any subsequent...to his own private judgment, but according to the law of the land ; not delegated to pronounce a new law, but to maintain and expound the old one." The...
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Archiv für das Studium der neueren Sprachen und Literaturen, Band 24;Band 26

1859 - 480 Seiten
...judgment (see per Lord Camden. 19 Howell State Trials. 1071; per Williams, L., 4 Cl. and Fin. 729) but according to the known laws and customs of the land; not appoint- • ed to pronounce a new law, but to maintain and expound the old, jus dicere et non jus...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1852 - 616 Seiten
...declared and determined, what before was uncertain and perhaps indifferent, is now become a permanent rule, which it is not in the breast of any subsequent judge to alter or swerve from according to his private sentiments; he being sworn to [-„,.. -.-y. *determine, not according...
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